A defendant or defender (Δ Delta is the fourth letter of the Greek alphabet. In the system of Greek numerals it has a value of 4. It was derived from the Phoenician letter Dalet. In the Ancient Greek language, it represented a voiced dental plosive /d/, while in Modern Greek it represents a voiced dental fricative /ð/, hence it is pronounced as "th" in "that& in legal shorthand It is common practice in legal documents to cite to other publications by using standard abbreviations for the title of each source. Abbreviations may also be found for common words or legal phrases. Such citations and abbreviations are found in court decisions, statutes, regulations, journal articles, books, and other documents. Below is a basic) is any party who is required to answer the complaint A complaint, in legal terminology, is a formal legal document that sets out the facts and legal reasons that the filing party (the plaintiffs) believes are sufficient to support a claim against another person, persons, entity or entities (the defendants) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For of a plaintiff A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an or pursuer A pursuer in Scotland is the party who initiates a lawsuit before a Court of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate court order in a civil lawsuit A lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of before a court A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute, or any party who has been formally charged In the common law legal system, an indictment is a formal accusation that a person has committed a crime. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an or accused of violating a criminal Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as " statute A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law and the regulations issued by government agencies. Statutes are sometimes referred to as. (Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American English, pronouncing the final syllable exactly as one pronounces ant---the name of an insect---in this pronunciation scheme.) A respondent is the parallel term used in a proceeding which is commenced by petition A petition is a request to change something, most commonly made to a government official or public entity. Petitions to a deity are a form of prayer.
In criminal law, a defendant is anyone tried under the court of law as the ones who have committed the crime. A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual. The actions of a defendant, and its lawyer counsel, is known as the defense. Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum In the common law legal systems, capias ad respondendum is or was a writ issued by a court to bring the defendant, having failed to appear, to hear the judgment to be imposed and forced to post bail Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail . In some cases bail money may be returned at the end of the trial, if all court appearances are made, no matter whether the person is found before being released from custody. However, a modern day defendant in a civil action is usually able to avoid most (if not all) court appearances if represented by a lawyer A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver, whereas a defendant in a criminal case (particularly a felony A felony is a serious crime in the common law countries, and the United States retains this law. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/ or indictment In the common law legal system, an indictment is a formal accusation that a person has committed a crime. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an) is usually obliged to post bail before being released from custody and must be present at every stage thereafter of the proceedings against him or her (they often may have their lawyer appear instead, especially for very minor cases, such as traffic offenses in jurisdictions which treat them as crimes).
Most often and familiarly, defendants are persons, either natural persons In jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization that the law treats for some purposes as if it were a person distinct from its members or owner (actual human beings), or legal persons The term legal person is a concept in philosophy of law topics wherein an entity is regarded by law to be like a person with such status being granted legal rights to protections and/or privileges under law. It is a term found in business-corporate law and animal rights law contexts, wherein corporations are regarded as highly productive human (persona ficta) under the legal fiction A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way. For example, the rules of the United Kingdom Houses of Parliament specify that an MP cannot resign from office, but since the law also states that a Member of Parliament that is of treating organizations as persons; this is known as jurisdicition in personam In personam from Latin for "directed toward a particular person." In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment." In personam. Alternatively, the defendant may be an object, which is known as jurisdiction in rem Jurisdiction in rem is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction". Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal, in which case the object itself is the direct subject of the action, with a person only indirectly subject to the action. An example of an in rem case is United States v. Forty Barrels and Twenty Kegs of Coca-Cola (1916), where the defendant was not The Coca Cola Company The Coca-Cola Company is a beverage company, manufacturer, distributor, and marketer of non-alcoholic beverage concentrates and syrups. The company is best known for its flagship product Coca-Cola, invented by pharmacist John Stith Pemberton in 1886. The Coca-Cola formula and brand was bought in 1889 by Asa Candler who incorporated The Coca-Cola itself, but rather "Forty Barrels and Twenty Kegs of Coca-Cola". In current US legal practice, in rem suits are primarily asset forfeiture Asset forfeiture is a term used to describe the confiscation of assets, by the state, which are either the proceeds of crime or (b) the instrumentalities of crime, and more recently, terrorism. Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics. The terminology used in cases, based on drug laws, as in USA v. $124,700 (2006).
References
See also
- Plaintiff A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions, for the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an (civil)
- Prosecution The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual suspected of breaking the law (criminal)
Categories: Legal terms Categories: Legal communication | Terminology | Law
Thu, 29 Jul 2010 12:49:15 GMT+00:00
Leagle.com Defendant Shem Walker was tried separately from codefendant Carl Trupaire on various charges arising out of the death of the victim, Albert Whitley. ...
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of color but the most shocking statistics are the ratios within the defendant victim racial combinations The following table is taken from the NAACP report Click on the image for a larger view
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ue, 29 Jun 2010 05:20:45 GM
Michael Vick's former friend and former co-. defendant. in the dog fighting operation was shot at Vick's 30th birthday party Friday (June 25th). Quanis Phillips was asked to leave the Virginia Beach party at the Guadalajara after allegedly ...
